§ 2-109. Purchasing authority.

(a)

The director is authorized to purchase or to provide for the purchase of any material, supply, equipment, or service for the use of any county department. All purchasing shall be pursuant to this article and any other applicable law, and all interpretations as to the applicability of this article shall be determined by the county executive.

(b)

Nothing in this article shall be construed to prevent the director from:

(1)

Making purchases or contracts in anticipation of the needs of county departments; or

(2)

Maintaining stores of commodities in anticipation of need.

(c)

In addition to the general authority to administer and provide for all county purchasing, the director is specifically authorized by the terms of this article to:

(1)

Supervise and direct the purchasing and risk manager and prescribe forms and internal procedures to be used by the purchasing and risk manager and the purchasing department. The director is further authorized to create, maintain, and update the job description, duties, and responsibilities of the purchasing and risk manager from time to time, including, without limitation, the following:

a.

Purchasing responsibilities and authority consistent with the provisions of this article; and

b.

Risk management responsibilities.

(2)

Exercise general supervision over the adequacy of and provision for all inventories of county supplies.

(3)

Develop purchasing standards for internal and county department use.

(4)

Establish and maintain programs for specification development and compliance, contract administration and inspection, and acceptance.

(5)

Let contracts in excess of funds available, provided that each such contract shall state in substance that its continuance beyond the limits of funds already available shall be contingent upon additional funds being provided by the appropriate county authority.

(6)

Determine the terms and conditions of solicitations, contract type, including, without limitation, contracts for open accounts, and contract provisions, provided that such terms, conditions, or provisions are in the best interests of the county and are not contrary to this article or any state or federal law.

(7)

Resolve controversies and protested solicitations and awards between the county and a contractor which arise under or by virtue of a contract between them. This includes, without limitation, authority to:

a.

Settle or resolve a protest of an aggrieved bidder, offerer, or contractor, actual or prospective, concerning the solicitation or award of a contract; and

b.

Settle or resolve controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission, consistent with other Code provisions regarding claims settlement.

The director shall consult with the office of the corporation counsel when necessary or desirable in exercising the director's authority under this subparagraph (7).

(8)

Require of bidders and contractors such bid or performance bonds from sureties as is deemed advisable by the director.

(9)

Decide as to the responsibility and competency of bidders and sureties.

(10)

Decide, upon receipt of any purchase requisition, when the procurement will be initiated and the time for response to solicitation, provided that:

a.

The requesting county department is notified if any dates the director establishes exceed those stated by the requesting county department.

b.

The requesting county department is notified if procurement timetables are likely to result in delivery later than the delivery date stated in the purchase requisition.

(d)

Disposition of county property. The county board hereby authorizes the county executive, the director, and the county clerk, as an authorized delegation by the county board of its authority under Wis. Stat. § 59.52(6), to do the following:

(1)

The director may direct the county clerk to sell, trade, or otherwise dispose of for value all surplus or obsolete county supplies, materials and equipment on terms that the director approves.

(2)

The county executive may review, approve, or disapprove of all dispositions of county supplies, materials and equipment, and the terms thereof, in the county executive's discretion.

(e)

Debarment and suspension. The director may develop policies and procedures to debar or suspend for cause a person from consideration for award of contracts.

(f)

Fleet management. The highway maintenance superintendent is authorized to purchase or to provide for the purchase of all fleet equipment. Purchase of all fleet equipment shall be made by means of a requisition order submitted to the highway maintenance superintendent by county department officials who have the authority to expense departmental appropriations.

(1)

The highway maintenance superintendent also may also:

a.

Adopt, promulgate, and amend purchasing operational procedures consistent with the purposes of this subsection (f), and:

1.

Prescribe forms to be used by county departments in requisitioning, ordering, and reporting of fleet equipment.

2.

Require county departments to furnish such reports concerning usage, needs, and stock on hand of fleet equipment.

(2)

The highway maintenance superintendent's adoption, promulgation and amendment of any procedures under this subsection (f) shall be subject to review and approval by the director.

( Res. of 12-18-18(1) )